[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7134 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 7134
To establish the Office to Enforce and Protect Against Child Sexual
Exploitation.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 30, 2024
Ms. Eshoo (for herself, Mr. Fitzpatrick, Mr. Bacon, and Ms. Jackson
Lee) introduced the following bill; which was referred to the Committee
on the Judiciary, and in addition to the Committees on Education and
the Workforce, and Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish the Office to Enforce and Protect Against Child Sexual
Exploitation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Invest in Child Safety Act of
2024''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Child sexual exploitation.--The term ``child sexual
exploitation'' has the meaning given the term ``child
exploitation'' in section 2 of the PROTECT Our Children Act of
2008 (34 U.S.C. 21101).
(2) Covered program or agency.--The term ``covered program
or agency'' means--
(A) each Federal program or Executive agency
involved in--
(i) the prevention, treatment of victims,
investigation, or prosecution of child sexual
exploitation; or
(ii) other activities relating to
addressing child sexual exploitation; or
(B) any other Federal program, agency, or activity
designated by the Director.
(3) Director.--The term ``Director'' means the Director of
the Office appointed under section 3(b)(1).
(4) Enforcement and protection strategy.--The term
``enforcement and protection strategy'' means the enforcement
and protection strategy required under section 3(c)(4).
(5) Executive agency.--The term ``Executive agency'' has
the meaning given that term in section 105 of title 5, United
States Code.
(6) Fund.--The term ``Fund'' means the Child Sexual
Exploitation Treatment, Support, and Prevention Fund
established under section 4(c)(1).
(7) High-level representative.--The term ``high-level
representative'' means an individual who is--
(A) appointed by the President, by and with the
advice and consent of the Senate;
(B) in a Senior Executive Service position (as
defined in section 3132(a) of title 5, United States
Code); or
(C) for an entity that is not an Executive agency,
serving in a leadership or other senior position in the
entity.
(8) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 4(e) of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304(e)).
(9) Office.--The term ``Office'' means the Office to
Enforce and Protect Against Child Sexual Exploitation
established under section 3(a).
SEC. 3. OFFICE TO ENFORCE AND PROTECT AGAINST CHILD SEXUAL
EXPLOITATION.
(a) Establishment.--There is established in the Department of
Justice an Office to Enforce and Protect Against Child Sexual
Exploitation.
(b) Director.--
(1) Appointment.--The Office shall be headed by a Director
who shall be appointed by the Attorney General, and who shall
report directly to the Associate Attorney General.
(2) Term.--
(A) In general.--The Director shall be appointed
for a term of 5 years.
(B) Limitation.--An individual may not serve more
than 2 terms as the Director.
(3) Qualifications.--The individual appointed as the
Director shall have--
(A) a demonstrated ability in managing large
organizations and coordinating offices;
(B) experience prosecuting Federal child sexual
exploitation crimes; and
(C) proficiency in investigating crimes that have a
technological or cyber component.
(4) Limitations.--The individual serving as the Director--
(A) shall be a member of the Senior Executive
Service in a permanent position in the Department of
Justice; and
(B) may not have other significant duties or
responsibilities that might distract from the duty of
the Director to carry out the requirements of this Act
and the responsibilities under section 101 of the
PROTECT Our Children Act of 2008 (34 U.S.C. 21111).
(5) Coordination of activities.--The Director shall
coordinate the activities of the Office with the Attorney
General, the Director of the Federal Bureau of Investigation,
the Secretary of Defense, the Secretary of Health and Human
Services, the Secretary of Homeland Security, the Secretary of
Education, the Chairman of the Interagency Task Force to
Monitor and Combat Trafficking in Persons established under
section 105 of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7103), the Chief Executive Officer of the
International Centre for Missing and Exploited Children, and
the President of the National Center for Missing and Exploited
Children.
(c) Duties.--The Director shall--
(1) coordinate the activities of covered programs and
agencies;
(2) cooperate, as appropriate, with foreign law enforcement
agencies, including through--
(A) information sharing and providing technical
assistance; and
(B) detailing employees of the Office to high
priority countries that are the source of visual
depictions of child sexual exploitation;
(3) not less than 3 times per year, convene a meeting of
high-level representatives of the Department of Justice, the
Federal Bureau of Investigation, the Department of Defense, the
Department of Health and Human Services, the Department of
Homeland Security, the Department of Education, the Interagency
Task Force to Monitor and Combat Trafficking in Persons
established under section 105 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7103), the International
Centre for Missing and Exploited Children, and the National
Center for Missing and Exploited Children, to ensure success of
the enforcement and protection strategy;
(4) not later than 180 days after the date on which each
Director is first appointed to the position of Director, submit
to Congress an enforcement and protection strategy for--
(A) the prevention, investigation, or prosecution
of child sexual exploitation by Executive agencies;
(B) the treatment of and services provided to
victims of child sexual exploitation by Executive
agencies; and
(C) other activities of Executive agencies relating
to addressing child sexual exploitation;
(5) during the 60-day period beginning on the date on which
each Director is first appointed to the position of Director,
solicit comments from the public on the enforcement and
protection strategy;
(6) not later than 180 days after the date on which each
Director is first appointed to the position of Director, submit
to Congress a spending plan, which shall be developed in
consultation with the head of covered programs and agencies and
the Director of the Office of Management and Budget;
(7) with respect to each fiscal year, for not less than a
period of 30 days before the start of such fiscal year, seek
public comment on the funding priorities of the Office and
covered programs and agencies for such fiscal year, including
funding transfers and grants to be made from the Fund during
such fiscal year;
(8) not later than March 1 of each year, submit to Congress
an annual report--
(A) detailing the work of the Office and each
covered program or agency during the previous fiscal
year and evaluating the efficacy of the use of funds by
the Office and covered programs and agencies during the
previous fiscal year, which shall include, with respect
to such previous fiscal year--
(i) the number and nature of reports to the
CyberTipline of the National Center for Missing
and Exploited Children, or any successor to
such CyberTipline operated by the National
Center for Missing and Exploited Children;
(ii) the number and nature of
investigations conducted relating to child
sexual exploitation;
(iii) the number and nature of arrests
relating to child sexual exploitation;
(iv) the number and nature of ongoing
prosecutions of offenses involving child sexual
exploitation;
(v) the number of prosecutions of offenses
involving child sexual exploitation by judicial
district;
(vi) the number of convictions of offenses
involving child sexual exploitation;
(vii) the number of convictions of offenses
involving child sexual exploitation by judicial
district;
(viii) the number of referrals of offenses
involving child sexual exploitation to non-
Federal entities, including foreign law
enforcement agencies, broken down by
jurisdiction and entity;
(ix) a summary of all transfers and grants
made from the Fund; and
(x) a summary of any unobligated funds from
transfers and grants made for a previous fiscal
year from the Fund; and
(B) discussing the funding priorities of the Office
and covered programs and agencies for the current
fiscal year, which shall include--
(i) an outline of planned funding transfers
and grants to be made from the Fund during the
current fiscal year; and
(ii) a summary of public comments on such
funding priorities received under paragraph
(7);
(9) not later than May 1 of each year, appear before the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives to discuss the
enforcement and protection strategy, including any updates; and
(10) carry out the duties of the National Coordinator for
Child Exploitation Prevention and Interdiction.
(d) Notice of Changes by Covered Programs and Agencies.--
(1) In general.--The head of each covered program or agency
shall notify the Director in writing of any proposed policy
change relating to--
(A) the prevention, investigation, or prosecution
of child sexual exploitation;
(B) the treatment of victims of child sexual
exploitation; or
(C) other activities relating to addressing child
sexual exploitation.
(2) Response.--The Director shall respond promptly to any
notice under paragraph (1), which shall include the
determination of the Director regarding whether the proposed
policy change is consistent with the enforcement and protection
strategy.
(e) National Strategy for Child Exploitation Prevention and
Interdiction.--
(1) Director to serve as coordinator.--Section 101(d) of
the PROTECT Our Children Act of 2008 (34 U.S.C. 21111(d)) is
amended--
(A) in the subsection heading, by striking
``Appointment of High-level Official'' and inserting
``National Coordinator for Child Exploitation
Prevention and Intervention'';
(B) by striking paragraph (1) and inserting the
following:
``(1) In general.--The Director of the Office to Enforce
and Protect Against Child Sexual Exploitation shall serve as
the National Coordinator for Child Exploitation Prevention and
Interdiction and shall be responsible for coordinating the
development of the National Strategy established under
subsection (a).''; and
(C) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``official designated
under paragraph (1)'' and inserting ``National
Coordinator for Child Exploitation Prevention and
Interdiction''.
(2) Publication of national strategy.--Section 101(b) of
the PROTECT Our Children Act of 2008 (34 U.S.C. 21111(b)) is
amended--
(A) by striking ``Not later'' and inserting the
following:
``(1) In general.--Not later''; and
(B) by adding at the end the following:
``(2) Publication.--Not later than 30 days after the date
on which the Attorney General submits to Congress a National
Strategy under paragraph (1), the Attorney General shall
publish on the internet website of the Department of Justice an
unclassified version of the National Strategy.''.
(3) Consultation with congress.--Section 101 of the PROTECT
Our Children Act of 2008 (34 U.S.C. 21111) is amended by adding
at the end the following:
``(e) Consultation With Congress.--During any year in which the
Attorney General submits to Congress the National Strategy established
under subsection (a), the Director of Office to Enforce and Protect
Against Child Sexual Exploitation shall appear before the Committee on
the Judiciary of the Senate and the Committee on the Judiciary of the
House of Representatives to discuss the National Strategy at the same
time the Director appears to discuss the enforcement and protection
strategy pursuant to section 3(c)(9) of the Invest in Child Safety Act
of 2024.''.
SEC. 4. INCREASED FUNDING, TREATMENT, AND SUPPORT FOR VICTIMS OF CHILD
SEXUAL EXPLOITATION AND PROGRAMS AND SERVICES TO PREVENT
CHILD SEXUAL EXPLOITATION.
(a) Programs.--
(1) In general.--For each of fiscal years 2024 through
2033, the Director shall make the following transfers from the
Fund:
(A) United states attorneys offices.--To the
Department of Justice, $100,000,000 for child sexual
exploitation prosecutions by offices of the United
States attorney.
(B) Child exploitation and obscenity section.--To
the Department of Justice, such sums as are necessary
to ensure that there are not fewer than 120 prosecutors
and agents employed in the Child Exploitation and
Obscenity Section of the Criminal Division.
(C) Federal bureau of investigation.--To the
Federal Bureau of Investigation, such sums as are
necessary to ensure that the total number of case
agents and investigators employed in the Innocent
Images National Initiative, the Crimes Against Children
Unit, the Child Abduction Rapid Deployment Teams, and
the Child Exploitation and Human Trafficking Task
Forces of the Federal Bureau of Investigation is not
less than 100 more than the total number of such case
agents and investigators on the date of enactment of
this Act.
(D) International center for missing and exploited
children.--To the Department of Justice, $20,000,000
for a grant by the Office of Juvenile Justice and
Delinquency Prevention to the International Center for
Missing and Exploited Children, in recognition of the
international nature of online sexual exploitation,
to--
(i) expand and utilize the Global Missing
Children's Network Engine to aid in the search
and recovery of children who go missing as a
result of online child sexual exploitation
internationally;
(ii) coordinate financial interruption of
online child sexual exploitation globally
through the Financial Coalitions Against Child
Sexual Exploitation;
(iii) undertake research on the direct link
between online child sexual exploitation and
incidences of children going missing;
(iv) increase the capacity of international
law enforcement to prevent, respond to, and
prosecute offenders committing crimes involving
online child sexual exploitation, through
training and the development of best-practice
guidelines on the prevention of and response to
online child sexual exploitation; and
(v) create outcome measurements to
determine the impact of training of, and the
provision of technical support to,
international law enforcement in the prevention
of, response to, and prosecution of offenders
committing crimes involving online child sexual
exploitation.
(E) National center for missing and exploited
children.--To the Department of Justice, $15,000,000
for a grant by the Office of Juvenile Justice and
Delinquency Prevention to the National Center for
Missing and Exploited Children to--
(i) ensure that the total number of
analysts, engineers, and other employees at the
National Center for Missing and Exploited
Children supporting, evaluating, and processing
child sexual abuse material tips from
technology companies is not less than 65 more
than the number of such analysts, engineers,
and other employees on the date of enactment of
this Act; and
(ii) upgrade and maintain technology
infrastructure and methods.
(F) Internet crimes against children task forces.--
To the Department of Justice, $60,000,000 for grants to
States for activities relating to Internet Crimes
Against Children Task Forces.
(G) National criminal justice training center.--To
the Department of Justice, $5,000,000 for a grant to
the National Criminal Justice Training Center.
(H) Children's advocacy programs.--To the agency
head designated under section 201(b) of the Juvenile
Justice and Delinquency Prevention Act of 1974 (34
U.S.C. 11111(b)), $27,000,000 for grants to local
children's advocacy centers under section 214 of the
Victims of Child Abuse Act of 1990 (34 U.S.C. 20304).
(I) Street outreach program.--To the Department of
Health and Human Services, $16,000,000 for the Street
Outreach Program of the Family and Youth Services
Bureau.
(b) Grants and Transfers to Agencies, Programs, and Services.--
(1) In general.--Using amounts in the Fund, the Director
may make grants and transfer funds to Executive agencies for
treatment and support for victims of child sexual exploitation
and evidence-based programs and services to prevent child
sexual exploitation.
(2) Included services and programs.--In carrying out
paragraph (1), the Director may--
(A) transfer funds to the Street Outreach Program
of the Department of Health and Human Services;
(B) make grants to local governments and Indian
Tribes for hiring mental health services providers,
including school-based mental health services providers
to work at public elementary schools and secondary
schools;
(C) make grants to non-Federal entities or transfer
funds to Executive agencies to provide training to
mental health services providers, including school-
based mental health services providers to detect cases
of child sexual exploitation and to treat victims of
child sexual exploitation;
(D) transfer funds to the Internet Crimes Against
Children Task Force program, the Victim Identification
program, and the Child Exploitation Investigations Unit
of U.S. Immigration and Customs Enforcement;
(E) make grants to the National Center for Missing
and Exploited Children;
(F) make grants to the International Centre for
Missing and Exploited Children to streamline the
delivery of the resources and technology of the Centre
to--
(i) law enforcement and other agencies in
the United States, including the Department of
State, for the protection and recovery of
citizens of the United States located in
foreign countries; and
(ii) foreign law enforcement agencies and
other entities of foreign governments;
(G) make grants to non-Federal entities or transfer
funds to Executive agencies to provide community
education relating to the detection, prevention, and
treatment of victims of child sexual exploitation;
(H) make grants to non-Federal entities or transfer
funds to Executive agencies to provide information and
training to individuals and organizations providing
assistance to victims of child sexual exploitation;
(I) transfer funds to the agency head designated
under section 201(b) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C. 11111(b))
for grants to local children's advocacy centers under
section 214 of the Victims of Child Abuse Act of 1990
(34 U.S.C. 20304);
(J) transfer funds to the Innocent Images National
Initiative, the Crimes Against Children Unit, the Child
Abduction Rapid Deployment Teams, and the Child
Exploitation and Human Trafficking Task Forces of the
Federal Bureau of Investigation;
(K) transfer funds to the Child Exploitation and
Obscenity Section of the Criminal Division of the
Department of Justice;
(L) make grants to nonprofit private agencies for
the purpose of providing street-based services to
runaway and homeless, and street youth, who have been
subjected to, or are at risk of being subjected to,
sexual abuse, prostitution, sexual exploitation, severe
forms of trafficking in persons (as defined in section
103(11) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102(11))), or sex trafficking (as
defined in section 103(12) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102(12)));
(M) make grants to the National Criminal Justice
Training Center; and
(N) make grants or transfer funds to any other
covered program or agency for programs or activities
directed at addressing child sexual exploitation.
(c) Funding.--
(1) In general.--There is established in the Treasury a
fund to be known as the ``Child Sexual Exploitation Treatment,
Support, and Prevention Fund'', consisting of amounts
transferred under paragraph (2).
(2) Transfer.--The Secretary of the Treasury shall transfer
to the Fund, from the general fund of the Treasury,
$5,000,000,000 for fiscal year 2024, to remain available
through September 30, 2033.
(3) Use of funds.--
(A) In general.--The Director may use amounts in
the Fund, without further appropriation, to carry out
this section.
(B) Supplement not supplant.--Amounts made
available to agencies, programs, and services from the
Fund shall supplement, but not supplant, regular
appropriations for such agencies, programs, and
services.
(4) Customs user fees.--
(A) In general.--Section 13031(j)(3) of the
Consolidated Omnibus Budget Reconciliation Act of 1985
(19 U.S.C. 58c(j)(3)) is amended--
(i) in subparagraph (A), by striking
``September 30, 2031'' and inserting ``August
15, 2032''; and
(ii) in subparagraph (B)(i), by striking
``September 30, 2031'' and inserting ``August
15, 2032''.
(B) Rate for merchandise processing fees.--Section
503 of the United States-Korea Free Trade Agreement
Implementation Act (Public Law 112-41; 19 U.S.C. 3805
note) is amended in the matter preceding paragraph (1)
by striking ``September 30, 2031'' and inserting
``August 15, 2032''.
SEC. 5. EVALUATION OF PREVENTION PROGRAMS.
The Director, in coordination with the Director of the National
Institute of Justice, shall enter into an agreement with the Deputy
Assistant Secretary for Planning, Research, and Evaluation of the
Department of Health and Human Services under which the Deputy
Assistant Secretary shall conduct a study and, not later than 6 years
after the date of enactment of this Act, publicly issue a report--
(1) identifying risk factors that may make certain
individuals more vulnerable to child sexual exploitation;
(2) identifying the programs with the greatest potential
for preventing child sexual exploitation; and
(3) evaluating promising programs being developed in the
field of child sexual exploitation prevention.
SEC. 6. GAO STUDY.
The Comptroller General of the United States, in consultation with
the Director, shall study and publicly issue a report documenting all
Federal funding (including grants to States, local governments, Indian
Tribes, nonprofit entities, and other entities) for the prevention,
detection, enforcement, and treatment of child sexual exploitation,
which shall separately report on activities relating to child sexual
abuse material.
SEC. 7. MODERNIZING THE CYBERTIPLINE.
(a) In General.--Chapter 110 of title 18, United States Code, is
amended--
(1) in section 2258A--
(A) in subsection (a)--
(i) in paragraph (1)(B)(ii), by inserting
after ``facts or circumstances'' the following:
``, including any available facts or
circumstances sufficient to identify and locate
each involved individual,''; and
(ii) in paragraph (2)(A)--
(I) by inserting ``1591 (if the
violation involves a minor),'' before
``2251,''; and
(II) by striking ``or 2260'' and
inserting ``2260, or 2422(b)'';
(B) in subsection (b)--
(i) in paragraph (1)--
(I) by inserting ``or location''
after ``identity''; and
(II) by striking ``other
identifying information,'' and
inserting ``other information which may
identify or locate the involved
individual,''; and
(ii) by adding at the end the following:
``(6) Formatting of reports.--When in its discretion a
provider voluntarily includes any content described in this
subsection in a report to the CyberTipline, the provider shall
use best efforts to ensure that the report conforms with the
structure of the CyberTipline.'';
(C) in subsection (d)(5)(B)--
(i) in clause (i), by striking
``forwarded'' and inserting ``made available'';
and
(ii) in clause (ii), by striking
``forwarded'' and inserting ``made available'';
and
(D) in subsection (h)--
(i) in paragraph (1), by striking ``90
days'' and inserting ``180 days''; and
(ii) by adding at the end the following:
``(5) Extension of preservation.--A provider of a report to
the CyberTipline may voluntarily preserve the contents provided
in the report (including any commingled content described in
paragraph (2)) for longer than 180 days after the submission to
the CyberTipline for the purpose of reducing the proliferation
of online child sexual exploitation or preventing the online
sexual exploitation of children.
``(6) Method of preservation.--On and after the date that
is 1 year after the date of enactment of this paragraph, a
provider of a report to the CyberTipline under subsection
(a)(1) shall preserve materials under this subsection in a
manner that is consistent with most recent version of the
Cybersecurity Framework developed by the National Institute of
Standards and Technology, or a successor resource.''; and
(2) in section 2258C--
(A) in the section heading, by striking ``the
CyberTipline'' and inserting ``NCMEC'';
(B) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``NCMEC'' and
inserting the following:
``(A) Provision to providers.--NCMEC'';
(II) in subparagraph (A), as so
designated, by inserting ``or
submission to the child victim
identification program described in
section 404(b)(1)(K)(ii) of the
Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C.
11293(b)(1)(K)(ii))'' after
``CyberTipline report''; and
(III) by adding at the end the
following:
``(B) Provision to non-profit entities.--NCMEC may
provide hash values or similar technical identifiers
associated with visual depictions provided in a
CyberTipline report or submission to the child victim
identification program described in section
404(b)(1)(K)(ii) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C.
11293(b)(1)(K)(ii)) to a non-profit entity for the sole
and exclusive purpose of preventing and curtailing the
online sexual exploitation of children.''; and
(ii) in paragraph (2)--
(I) by inserting ``(A)'' after
``(1)'';
(II) by inserting ``or submission
to the child victim identification
program described in section
404(b)(1)(K)(ii) of the Juvenile
Justice and Delinquency Prevention Act
of 1974 (34 U.S.C.
11293(b)(1)(K)(ii))'' after
``CyberTipline report''; and
(III) by adding at the end the
following: ``The elements authorized
under paragraph (1)(B) shall be limited
to hash values or similar technical
identifiers associated with visual
depictions provided in a CyberTipline
report or submission to the child
victim identification program described
in section 404(b)(1)(K)(ii) of the
Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C.
11293(b)(1)(K)(ii)).''; and
(C) in subsection (d), by inserting ``or to the
child victim identification program described in
section 404(b)(1)(K)(ii) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C.
11293(b)(1)(K)(ii))'' after ``CyberTipline''.
(b) Conforming Amendment.--The table of sections for chapter 110 of
title 18, United States Code, is amended by striking the item relating
to section 2258C and inserting the following:
``2258C. Use to combat child pornography of technical elements relating
to reports made to NCMEC.''.
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